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Ethical implications behind the legalisation of human cloning. Memorandum that won the first stage of ILSA Olympics

  • Writer: ILSA HHS LAW JOURNAL
    ILSA HHS LAW JOURNAL
  • Feb 5
  • 4 min read

QUESTION PRESENTED:

Research on the human genome opened broad opportunities for the development of biotechnologies. The field of genetics has become so advanced that today there is a serious discussion about the possible legalization of human cloning. The term ‘cloning’ means the process of creating an identical genetic copy of a cell or an organism1. Accordingly, it is possible to create any living organism or part of it identical to the existing one, if information about its nuclear genomes has been preserved.  The purpose of this memorandum is to analyze the two opposing views on the issue of human cloning and to formulate a decision on whether human cloning should be legalised. 

BRIEF ANSWER:

Cloning is a breakthrough technology that can increase the duration and quality of people's lives. It  can allow scientists to develop treatment methods, combat genetic diseases, reduce the number of  deaths due to a shortage of donor organs and create cells identical to people in need2. However, despite  the considerable number of advantages, it involves too many risks for humanity, not to mention a huge  number of ethical and legal issues regarding clones. The risks that pursue this technology are  disproportionately high in relation to the possible benefits of cloning.   FACTS: 

According to the current state of affairs, most countries and international organisations prohibit  cloning. For example, article 11 of the UNESCO Universal Declaration on the Human Genome and  Its Rights says: "Practices contrary to human dignity, such as the practice of cloning for the reproduction of a human individual, are not allowed."3It is not a legally binding document, that is,  States are not obliged to comply with its provisions, however, the declaration plays an important role  as a moral and ethical guideline. Also, Article 1 of the Additional Protocol on the Prohibition of Human  Cloning of 1998 to the Council of Europe Convention on Human Rights in Biomedicine of 1996 states:  "Any intervention aimed at creating a human being genetically identical to another human being, living  or dead, is prohibited."4In general, the global trend on banning human cloning is understandable, as  states and international organizations are trying to avoid possible legal and ethical problems that can  become really strong tests for the stability of established traditions and foundations. The main  examples of legal problems are: 

1. Individuality and human rights: 

- Ethical concerns regarding clone’s identity and the right for an individual existence. 2. Medical aspects related to safety and consent:  

- Ethical concerns regarding the consent, since the clone can not agree to be a part of an  experiment. 

- Risks regarding the clone’s health and whether they will be born healthy and full-fledged.  

DISCUSSION: 

Cloning people not only causes controversy among people, but also raises many ethical and legal  issues. Creating a clone of any person deprives a double of identity, which contradicts article 8, part  1, of the Convention on the Rights of the Child: "Participating States undertake to respect the right of  the child to preserve his identity, including citizenship, name and family ties as provided by law,  without allowing illegal interference."5 Moreover, an article written by Francisco J. Ayala provides  information about the consequences faced by cloned animals, drawing a parallel with humans: "In  many cases, the death of the fetus occurs close to term, with devastating economic, health, and  emotional consequences in the case of humans. In mammals, in general, the animals produced by  cloning suffer from serious health handicaps, among others, gross obesity, early death, distorted limbs,  and dysfunctional immune systems and organs, including liver and kidneys, and other mishaps».6 

Despite the controversial issue of cloning, therapeutic cloning already exists, for example, an article  by Dr. Emily Greenfield says, that with the use of modern medicine, it is now possible to clone certain  human cells, tissues and genes, without creating another human being7. In addition, according to a Regina v. Secretary of State for Health: "There were others who considered that these new techniques,  by offering means of enabling the infertile to have children and increasing knowledge of genital  disease, had the potential to improve the human condition, and this view also did not lack religious  and moral arguments to support it."8 

In the process of working on the memorandum, a survey was conducted among THUAS students. Of  the 174 respondents, more than 64% opposed the legalization of human cloning, which made it clear  that at the moment society is not ready to legalize it. 

CONCLUSION: 

Summing up and analysing two opposing views on the issue of human cloning, it is important to note  that despite the advantages and disadvantages of cloning, society is not ready for the consequences  that cloning can provoke. Human cloning could be a great scientific and medical breakthrough, but we  must not forget about the legal and ethical view of the issue, which does not allow the legalization of  human cloning. At the same time, therapeutic cloning, which is already used in medicine, is fully  justified and has a beneficial effect on humanity9.  Authors: Gleb Morozov Anna Semenova

SOURCES: 1 Encyclopaedia Britannica, 'Cloning' (20 August 2024) [accessed 5 November 2024]. 

2 Salvador L. L. T. et al., 'The Therapeutic Potential of CRISPR/Cas9 in Human Diseases' (2019) Cell Reports 28(10) 2850-2862. 3 Universal Declaration on the Human Genome and Human Rights (1997), adopted by the 29th session of the General  Conference of UNESCO, [11 November 1997]. 

4 Council of Europe, Additional Protocol on the Prohibition of Human Cloning of 1998 to the Convention on Human  Rights and Biomedicine (ETS 168) (1998). 

5 United Nations Convention on the Rights of the Child, Article 8.1 (20 November 1989) [accessed 5 November 2024]. 6 Ayala Francisco J, 'The Impact of Human Cloning on Society and Ethics' (2015) 22 Journal of Bioethical Inquiry 321  [accessed 5 November 2024]. 7 Dr. Emily Greenfield, 'Gene Cloning and Gene Therapy: Curing Inherited Diseases and Cancer' (Sigma Earth)  [accessed 5 November 2024]. 

8 R (Quintavalle, on behalf of Pro-Life Alliance) v Secretary Of State for Health [2003] UKHL 13 9 A. S. Ezzat et al., 'Gene Therapy for Human Diseases' (2008) Nature Reviews Drug Discovery 7(12) 917-927.

 
 
 

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